THE PREVENTION OF CORRUPTION ACT, 1988 

_________ 

ARRANGEMENT OF SECTIONS 
________ 

CHAPTER I 
PRELIMINARY 

CHAPTER II 
APPOINTMENT OF SPECIAL JUDGES 

SECTIONS 

1. Short title and extent. 
2. Definitions. 

3. Power to appoint special Judges. 
4. Cases triable by special Judges. 
5. Procedure and powers of special Judge. 
6. Power to try summarily. 

CHAPTER III 
OFFENCES AND PENALTIES 

7. Offence relating to public servant being bribed. 
7A. Taking undue advantage to influence public servant by corrupt or illegal means or by exercise 

of personal influence. 

8. Offence relating to bribing of a public servant. 
9. Offence relating to bribing a public servant by a commercial organisation. 
10. Person in charge of commercial organisation to be guilty of offence. 
11.  Public  servant  obtaining  undue  advantage,  without  consideration  from  person  concerned  in 

proceeding or business transacted by such public servant. 

12. Punishment for abetment of offences. 
13. Criminal misconduct by a public servant. 
14. Punishment for habitual offender. 
15. Punishment for attempt. 
16. Matters to be taken into consideration for fixing fine. 

CHAPTER IV 
INVESTIGATION INTO CASES UNDER THE ACT 

17. Persons authorised to investigate. 
17A. Enquiry or Inquiry or investigation of offences relatable to recommendations made or 

decision taken by public servant in discharge of official functions or duties. 

18. Power to inspect bankers’ books. 

CHAPTER IV A 

ATTACHMENT AND FORFEITURE OF PROPERTY 

 18A. Provisions of Criminal Law Amendment Ordinance, 1944 to apply to attachment under this 

Act. 

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CHAPTER V 
SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONS 

SECTIONS 

19. Previous sanction necessary for prosecution. 
20. Presumption where public servant accepts any undue advantage. 
21. Accused person to be a competent witness. 
22. The Code of Criminal Procedure, 1973 to apply subject to certain modifications. 
23. Particulars in a charge in relation to an offence under section 13 (1) (a). 
24. [Omitted.] 
25. Military, Naval and Air Force or other law not to be affected. 
26. Special Judges appointed under Act 46 of 1952 to be special Judges appointed under this Act. 
27. Appeal and revision. 
28. Act to be in addition to any other law. 
29. Amendment of the Ordinance 38 of 1944. 
29A. Power to make rules. 
30. Repeal and saving. 
31. [Repealed.] 

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THE PREVENTION OF CORRUPTION ACT, 1988 
ACT NO. 49 OF 1988 

[9th September, 1988.] 
 An Act to consolidate and amend the law relating to the prevention of corruption and for matters 

connected therewith. 
BE it enacted by Parliament in the Thirty-ninth Year of the Republic of India as follows:— 

CHAPTER I 
PRELIMINARY 

1. Short title and extent.—(1) This Act may be called the Prevention of Corruption Act, 1988. 
(2) It extends to the whole of India 1*** and it applies also to all citizens of India outside India. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “election”  means  any  election,  by  whatever  means  held  under  any  law  for  the  purpose  of 

selecting members of Parliament or of any Legislature, local authority or other public authority; 

2[(aa)  ‘‘prescribed’’  means  prescribed  by  rules  made  under  this  Act  and  the  expression 

‘‘prescribe’’ shall be construed accordingly;] 

(b) “public duty” means a duty in the discharge of which the State, the public or the community at 

large has an interest; 

Explanation.—In  this  clause  “State”  includes  a  corporation  established  by  or  under  a  Central, 
Provincial or State Act, or an authority or a body owned or controlled or aided by the Government or a 
Government company as defined in section 617 of the Companies Act, 1956 (1 of 1956); 

(c) “public servant” means— 

(i) any person in the service or pay of the Government or remunerated by the Government by 

fees or commission for the performance of any public duty; 

(ii)  any person in the service or pay of a local authority; 

(iii)  any  person  in  the  service  or  pay  of  a  corporation  established  by  or  under  a  Central, 
Provincial  or  State  Act,  or  an  authority  or  a  body  owned  or  controlled  or  aided  by  the 
Government  or  a  Government  company  as  defined  in  section  617  of  the  Companies  Act,  1956               
(1 of 1956); 

(iv) any Judge, including any person empowered by law to discharge, whether by himself or 

as a member of any body of persons, any adjudicatory functions; 

(v)  any  person  authorised by  a  court  of justice to  perform  any  duty, in  connection  with the 
administration  of  justice,  including  a  liquidator,  receiver  or  commissioner  appointed  by  such 
court; 

(vi)  any arbitrator or other person to whom any cause or matter has been referred for decision 

or  report by a court of justice or by a competent public authority; 

(vii) any person who holds an office by virtue of which he is empowered to prepare, publish, 

maintain or revise an electoral roll or to conduct an election or  part of an election; 

(viii)  any  person  who  holds  an  office  by  virtue  of  which  he  is  authorised  or  required  to 

perform any public duty; 

(ix)  any  person  who  is  the  president,  secretary  or  other  office-bearer  of  a  registered                         

co-operative  society  engaged  in  agriculture,  industry,  trade  or  banking,  receiving  or  having 
received  any  financial  aid  from   the  Central  Government  or  a  State  Government  or  from  any 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

2. Ins. by Act 16 of 2018, s. 2 (w.e.f. 26-7-2018). 

3 

 
 
                                                           
corporation established by or under a Central, Provincial or State Act, or any authority or body 
owned or controlled or aided by the  Government or a Government company as defined in section 
617 of the Companies Act, 1956 (1 of 1956); 

(x) any person who is a chairman, member or employee of any Service Commission or Board, 
by  whatever  name  called,  or  a  member  of  any  selection  committee  appointed  by  such 
Commission or Board for the conduct of any examination or making any selection on behalf of 
such Commission or Board; 

(xi)  any  person  who  is  a  Vice-Chancellor  or  member  of  any  governing  body,  professor, 
reader,  lecturer  or  any  other  teacher  or  employee,  by  whatever  designation  called,  of  any 
University  and  any  person  whose  services  have  been  availed  of  by  a  University  or  any  other 
public authority in connection with holding or conducting examinations; 

(xii)  any person who is an office-bearer or an employee of an educational, scientific, social, 
cultural  or  other  institution,  in  whatever  manner  established,  receiving  or  having  received  any 
financial  assistance  from  the  Central  Government  or  any  State  Government,  or  local  or  other 
public authority. 

1[(d) “undue advantage” means any gratification whatever, other than legal remuneration. 

Explanation.—For the purposes of this clause,— 

(a) the word “gratification” is not limited to pecuniary gratifications or to gratifications 

estimable in money; 

(b)  the  expression  “legal  remuneration”  is  not  restricted  to  remuneration  paid  to  a  public 
servant,  but  includes  all  remuneration  which  he  is  permitted  by  the  Government  or  the 
organisation, which he serves, to receive.] 

Explanation  1.—Persons  falling  under  any  of  the  above  sub-clauses  are  public  servants,  whether 

appointed by the Government or not. 

Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person 
who is in actual possession of the situation of a public servant, whatever legal defect there may be in his 
right to hold that situation. 

CHAPTER II 

APPOINTMENT OF SPECIAL JUDGES 

3. Power to appoint special Judges.—(1) The Central Government or the State Government may, by 
notification in the Official Gazette, appoint as many special Judges as may be necessary for such area or 
areas  or  for  such  case  or  group  of cases  as  may  be  specified  in  the  notification  to  try  the  following 
offences, namely:— 

(a) any offence punishable under this Act; and 

(b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences 

specified in clause (a). 

(2) A person shall not be qualified for appointment as a special Judge under this Act unless he is or 
has been a Sessions Judge or an Additional Sessions Judge or an Assistant Sessions Judge under the Code 
of Criminal Procedure, 1973 (2 of 1974). 

4.  Cases  triable  by  special  Judges.—(1)  Notwithstanding  anything  contained  in  the  Code  of 
Criminal  Procedure,  1973  (2  of  1974),  or  in  any  other  law  for  the  time  being  in  force,  the  offences 
specified in sub-section (1) of section 3 shall be tried by special Judges only. 

(2) Every offence specified in sub-section (1) of section 3 shall be tried by the special Judge for the 
area within which it was committed, or, as the case may be, by the special Judge appointed for the case, or 

1. Ins. by Act 16 of 2018, s. 2 (w.e.f. 26-7-2018). 

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where there are more special Judges than one for such area, by such one of them as may be specified in 
this behalf by the Central Government. 

(3) When trying any case, a special Judge may also try any offence, other than an offence specified in 
section  3,  with  which  the  accused  may,  under  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  be 
charged at the same trial. 

1[(4) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the 
trial of an offence shall be held, as far as practicable, on day-to-day basis and an endeavour shall be made 
to ensure that the said trial is concluded within a period of two years: 

Provided that where the trial is not concluded within the said period, the special Judge shall record the 

reasons for not having done so: 

Provided  further  that  the  said  period  may  be  extended  by  such  further  period,  for  reasons  to  be 
recorded in writing but not exceeding six months at a time; so, however, that the said period together with 
such extended period shall not exceed ordinarily four years in aggregate.] 

5. Procedure and powers of special Judge.—(1) A special Judge may take cognizance of offences 
without the accused being committed to him for trial and, in trying the accused persons, shall follow the 
procedure prescribed by the Code of Criminal Procedure, 1973 (2 of 1974), for the trial of warrant cases 
by Magistrates. 

(2) A special Judge may, with a view to obtaining the evidence of any person supposed to have been 
directly or indirectly concerned in, or privy to, an offence, tender a pardon to such person on condition of 
his  making  a  full  and  true  disclosure  of  the  whole  circumstances  within  his  knowledge  relating  to  the 
offence and to every other person concerned, whether as principal or abettor, in the commission thereof 
and any pardon so tendered shall, for the purposes of sub-sections (1) to (5) of section 308 of the Code of 
Criminal Procedure, 1973 (2 of 1974), be deemed to have been tendered under section 307 of that Code. 

(3)  Save  as  provided  in  sub-section  (1)  or  sub-section  (2),  the  provisions  of  the  Code  of  Criminal 
Procedure,  1973  (2  of  1974),  shall,  so  far  as  they  are  not  inconsistent  with  this  Act,  apply  to  the 
proceedings before a special Judge; and for the purposes of the said provisions, the Court of the special 
Judge shall be deemed to be a Court of Session and the person conducting a prosecution before a special 
Judge shall be deemed to be a public prosecutor. 

(4) In particular and without prejudice to the generality of the provisions contained in sub-section (3), 
the provisions of sections 326 and 475 of the Code of Criminal Procedure, 1973 (2 of 1974), shall, so far 
as may be, apply to the proceedings before a special Judge and for the purposes of the said provisions, a 
special Judge shall be deemed to be a Magistrate. 

(5) A special Judge may pass upon any person convicted by him any sentence authorised by law for 

the punishment of the offence of which such person is convicted. 

(6) A special Judge, while trying an offence punishable under this Act, shall exercise all the powers 
and  functions  exercisable  by  a  District  Judge  under  the  Criminal  Law  Amendment  Ordinance,  1944           
(Ord. 38 of 1944). 

6. Power to try summarily.—(1) Where a special Judge tries any offence specified in sub-section (1) 
of section 3, alleged to have been committed by a public servant in relation to the contravention of any 
special  order  referred  to  in  sub-section  (1)  of  section  12A  of  the  Essential  Commodities  Act,  1955           
(10  of  1955)  or  of  an  order  referred  to  in  clause  (a)  of  sub-section  (2)  of  that  section,  then, 
notwithstanding anything contained in sub-section (1) of section 5 of this Act or section 260 of the Code 
of Criminal Procedure, 1973 (2 of 1974), the special Judge shall try the offence in a summary way, and 
 the provisions of sections 262 to 265 (both inclusive) of the said Code shall, as far as may be, apply to 
such trial: 

Provided that, in the case of any conviction in a summary trial under this section, it shall be lawful for 

the special Judge to pass a sentence of imprisonment for a term not exceeding one year: 

1. Subs. by Act 16 of 2018, s. 3, for sub-section (4) (w.e.f. 26-7-2018). 

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Provided further that when at the commencement of, or in the course of, a summary trial under this 
section, it appears to the special Judge that the nature of the case is such that a sentence of imprisonment 
for a term exceeding one year may have to be passed or that it is, for any other reason, undesirable to try 
the case  summarily,  the  special Judge  shall, after  hearing  the  parties, record  an order to that  effect  and 
thereafter recall any witnesses who may have been examined and proceed to hear or re-hear the case in 
accordance with the procedure prescribed by the said Code for the trial of warrant cases by Magistrates. 

(2)  Notwithstanding  anything  to  the  contrary  contained  in  this  Act  or  in  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974), there shall be no appeal by a convicted person in any case tried summarily 
under this section in which the special Judge passes a sentence of imprisonment not exceeding one month, 
and  of fine  not  exceeding  two  thousand rupees  whether  or not  any  order  under  section  452  of the  said 
Code  is  made in  addition to  such  sentence,  but  an  appeal  shall lie  where any  sentence in excess of  the 
aforesaid limits is passed by the special Judge. 

CHAPTER III 

OFFENCES AND PENALTIES 

1[7. Offence relating to public servant being bribed.—Any public servant who,— 

(a) obtains or accepts or attempts to obtain from any person, an undue advantage, with the intention 
to  perform  or  cause  performance  of  public  duty  improperly  or  dishonestly  or  to  forbear  or  cause 
forbearance to perform such duty either by himself or by another public servant; or  

(b) obtains or accepts or attempts to obtain, an undue advantage from any person as a reward for 
the improper or dishonest performance of a public duty or for forbearing to perform such duty either 
by himself or another public servant; or  

(c) performs or induces another public servant to perform improperly or dishonestly a public duty 
or  to  forbear  performance  of  such  duty  in  anticipation  of  or  in  consequence  of  accepting  an  undue 
advantage from any person,  

shall be punishable with imprisonment for a term which shall not be less than three years but which may 
extend to seven years and shall also be liable to fine.  

Explanation 1.—For the purpose of this section, the obtaining, accepting, or the attempting to obtain 
an undue advantage shall itself constitute an offence even if the performance of a public duty by public 
servant, is not or has not been improper.  

Illustration.—A public servant, ‘S’ asks a person, ‘P’ to give him an amount of five thousand rupees 

to process his routine ration card application on time. 'S' is guilty of an offence under this section.  

Explanation 2.—For the purpose of this section,— 

(i) the expressions “obtains” or “accepts” or “attempts to obtain” shall cover cases where a person 
being a public servant, obtains or “accepts” or attempts to obtain, any undue advantage for himself or 
for another person, by abusing his position as a public servant or by using his personal influence over 
another public servant; or by any other corrupt or illegal means; 

(ii)  it  shall  be  immaterial  whether  such  person  being  a  public  servant  obtains  or  accepts,  or 

attempts to obtain the undue advantage directly or through a third party. 

7A.  Taking  undue  advantage  to  influence  public  servant  by  corrupt  or  illegal  means  or  by 
exercise of personal influence.—Whoever accepts or obtains or attempts to obtain from another person 
for himself or for any other person any undue advantage as a motive or reward to induce a public servant, 
by corrupt or illegal means or by exercise of his personal influence to perform or to cause performance of 
a  public  duty  improperly  or  dishonestly  or  to  forbear  or  to  cause  to  forbear  such  public  duty  by  such 
public servant or by another public servant, shall be punishable with imprisonment for a term which shall 
not be less than three years but which may extend to seven years and shall also be liable to fine. 

1. Subs. by Act 16 of 2018, s. 4, for sections 7, 8, 9 and 10 (w.e.f. 26-7-2018). 

6 

 
 
 
                                                           
 
8. Offence relating to bribing of a public servant.—(1) Any person who gives or promises to give 

an undue advantage to another person or persons, with intention— 

(i) to induce a public servant to perform improperly a public duty; or 

(ii) to reward such public servant for the improper performance of public duty, 

shall be punishable with imprisonment for a term which may extend to seven years or with fine or with 
both: 

Provided that the provisions of this section shall not apply where a person is compelled to give such 

undue advantage: 

Provided  further  that  the  person  so  compelled  shall  report  the  matter  to  the  law  enforcement 
authority  or  investigating  agency  within  a  period  of  seven  days  from  the  date  of  giving  such  undue 
advantage:  

Provided  also  that  when  the  offence  under  this  section  has  been  committeed  by  commercial 

organisation, such commercial organisation shall be punishable with fine. 

Illustration.—A person, ‘P’ gives a public servant, ‘S’ an amount of ten thousand rupees to ensure 

that he is granted a license, over all the other bidders. ‘P’ is guilty of an offence under this sub-section.  

Explanation.—It  shall  be  immaterial  whether  the  person  to  whom  an  undue  advantage  is  given  or 
promised to be given is the same person as the person who is to perform, or has performed, the public 
duty concerned, and, it shall also be immaterial whether such undue advantage is given or promised to be 
given by the person directly or through a third party. 

(2)  Nothing  in  sub-section  (1)  shall  apply  to  a  person,  if  that  person,  after  informing  a  law 
enforcement authority or investigating agency, gives or promises to give any undue advantage to another 
person in order to assist such law enforcement authority or investigating agency in its investigation of the 
offence alleged against the latter.  

9.  Offence  relating  to  bribing  a  public  servant  by  a  commercial  organisation.—(1)  Where  an 
offence  under  this  Act  has  been  committed  by  a  commercial  organisation,  such  organisation  shall  be 
punishable  with  fine,  if  any  person  associated  with  such  commercial  organisation  gives  or  promises  to 
give any undue advantage to a public servant intending— 

(a) to obtain or retain business for such commercial organisation; or 

(b) to obtain or retain an advantage in the conduct of business for such commercial organisation:  

Provided  that  it  shall  be  a  defence  for  the  commercial  organisation  to  prove  that  it  had  in  place 
adequate procedures in compliance of such guidelines as may be prescribed to prevent persons associated 
with it from undertaking such conduct. 

(2) For the purposes of this section, a person is said to give or promise to give any undue advantage to 
a  public  servant,  if  he  is  alleged  to  have  committed  the  offence  under  section  8,  whether  or  not  such 
person has been prosecuted for such offence. 

(3) For the purposes of section 8 and this section,— 

(a) “commercial organisation” means— 

(i) a body which is incorporated in India and which carries on a business, whether in India 

or outside India; 

(ii) any other body which is incorporated outside India and which carries on a business, or 

part of a business, in any part of India; 

(iii) a partnership firm or any association of persons formed in India and which carries on a 

business whether in India or outside India; or 

(iv) any other partnership or association of persons which is formed outside India and which 

carries on a business, or part of a business, in any part of India; 

7 

 
(b) “business” includes a trade or profession or providing service; 

(c)  a  person  is  said  to  be  associated  with  the  commercial  organisation,  if  such  person  performs 
services for or on behalf of the commercial organisation irrespective of any promise to give or giving 
of any undue advantage which constitutes an offence under sub-section (1). 

Explanation  1.—The  capacity  in  which  the  person  performs  services  for  or  on  behalf  of  the 
commercial  organisation  shall  not  matter  irrespective  of  whether  such  person  is  employee  or  agent  or 
subsidiary of such commercial organisation. 

Explanation 2.—Whether or not the person is a person who performs services for or on behalf of the 
commercial organisation is to be determined by reference to all the relevant circumstances and not merely 
by reference to the nature of the relationship between such person and the commercial organisation.  

Explanation  3.—If  the  person is an employee  of the commercial  organisation, it  shall  be  presumed 
unless the contrary is proved that such person is a person who has performed services for or on behalf of 
the commercial organisation. 

(4)  Notwithstanding  anything  contained  in  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  the 

offence under sections 7A, 8 and this section shall be cognizable. 

(5)  The  Central  Government  shall,  in  consultation  with  the  concerned  stakeholders  including 
departments  and  with  a  view  to  preventing  persons  associated  with  commercial  organisations  from 
bribing  any  person,  being  a  public  servant,  prescribe  such  guidelines  as  may  be  considered  necessary 
which can be put in place for compliance by such organisations. 

10. Person in charge of commercial organisation to be guilty of offence.—Where an offence under 
section 9 is committed by a commercial organisation, and such offence is proved in the court to have been 
committed with the consent or connivance of any director, manager, secretary or other officer shall be of 
the  commercial  organisation,  such  director,  manager,  secretary  or  other  officer  shall  be  guilty  of  the 
offence and shall be liable to be proceeded against and shall be punishable with imprisonment for a term 
which shall not be less than three years but which may extend to seven years and shall also be liable to 
fine. 

Explanation.—For the purposes of this section, ‘‘director’’, in relation to a firm  means a partner in 

the firm.] 

11. Public servant obtaining 1[undue advantage], without consideration from person concerned 
in  proceeding  or  business  transacted  by  such  public  servant.—Whoever,  being  a  public  servant, 
accepts or obtains 2*** or attempts to obtain for himself, or for any other person, any 1[undue advantage] 
without consideration, or for a consideration which he knows to be inadequate, from any person whom he 
knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or 
about to be transacted by such public servant, or having any connection with the  3[official functions or 
public duty] of himself or of any public servant to whom he is subordinate, or from any person whom he 
knows to be interested in or related to the person so concerned, shall be punishable with imprisonment for 
a term which shall be not less than six months but which may extend to five years and shall also be liable 
to fine. 

4[12. Punishment for abetment of offences.—Whoever abets any offence punishable under this Act, 
whether  or  not  that  offence  is  committed  in  consequence  of  that  abetment,  shall  be  punishable  with 
imprisonment for a term which shall  not be less than three years, but which may extend to seven years 
and shall also be liable to fine.] 

1. Subs. by Act 16 of 2018, s. 5, for “valuable thing” (w.e.f. 26-7-2018). 
2. The words “or agrees to accept” omitted by s. 5, ibid. (we.f. 26-7-2018). 
3. Subs. by s. 5, ibid., for “official functions” (w.e.f. 26-7-2018). 
4. Subs. by s. 6, ibid., for section 12 (w.e.f. 26-7-2018). 

8 

 
 
 
                                                           
13. Criminal misconduct by a public servant.—1[(1) A public servant is said to commit the offence 

of criminal misconduct,— 

(a)  if  he  dishonestly  or  fraudulently  misappropriates  or  otherwise  converts  for  his  own  use  any 
property  entrusted  to  him  or  any  property  under  his  control  as  a  public  servant  or  allows  any  other 
person so to do; or 

(b) if he intentionally enriches himself illicitly during the period of his office. 

Explanation 1.—A person shall be presumed to have intentionally enriched himself illicitly if he or 
any person on his behalf, is in possession of or has, at any time during the period of his office, been in 
possession of pecuniary resources or property disproportionate to his known sources of income which the 
public servant cannot satisfactorily account for. 

Explanation  2.—The  expression  ‘‘known  sources  of  income’’  means  income  received  from  any 

lawful sources.] 

(2) Any public servant who commits criminal misconduct shall be punishable with imprisonment for 
a term which shall be not less than  2[four years] but which may extend to  3[ten years] and shall also be 
liable to fine. 

4[14.  Punishment  for  habitual  offender.—Whoever  convicted  of  an  offence  under  this  Act 
subsequently commits an offence punishable under this Act, shall be punishable with imprisonment for a 
term which shall not be less than five years but which may extend to ten years and shall also be liable to 
fine.] 

15. Punishment for attempt.—Whoever attempts to commit an offence referred to in 5[clause (a)] of 
sub-section (1) of section 13 shall be punishable with imprisonment for a term 6[which shall not be less 
than two years but which may extend to five years] and with fine. 

16. Matters to be taken into consideration for fixing fine.—Where a sentence of fine is imposed 
under 7[section 7 or section 8 or section 9 or section 10 or section 11 or sub-section (2) of section 13 or 
section  14  or  section  15],  the  court  in  fixing  the  amount  of  the  fine  shall  take  into  consideration  the 
amount  or  the  value  of  the  property,  if  any,  which  the  accused  person  has  obtained  by  committing  the 
offence or where the conviction is for an offence referred to in  8[clause (b)] of sub-section (1) of section 
13, the pecuniary resources or property referred to in that clause for which the accused person is unable to 
account satisfactorily. 

CHAPTER IV 

INVESTIGATION INTO CASES UNDER THE ACT 

17.  Persons  authorised  to  investigate.—Notwithstanding  anything  contained  in  the  Code  of 

Criminal Procedure, 1973 (2 of 1974), no police officer below the rank,— 

(a) in the case of the Delhi Special Police Establishment, of an Inspector of Police; 

(b)  in  the  metropolitan  areas  of  Bombay,  Calcutta,  Madras  and  Ahmedabad  and  in  any  other 
metropolitan  area  notified  as  such  under  sub-section  (1)  of  section  8  of  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974), of an Assistant Commissioner of Police; 

(c) elsewhere, of a Deputy Superintendent of Police or a police officer of equivalent rank, 

shall investigate any offence punishable under this Act without the order of a Metropolitan Magistrate or 
a Magistrate of the first class, as the case may be, or make any arrest therefor without a warrant: 

1. Subs. by Act 16 of 2018, s. 7, for sub-section (1) (w.e.f. 26-7-2018). 
2. Subs. by Act 1 of 2014, s. 58 and the Sch., for “one year” (w.e.f. 16-1-2014). 
3. Subs. by s. 58 and the Sch., ibid., for “seven years” (w.e.f. 16-1-2014). 
4. Subs. by Act 16 of 2018, s. 8, for section 14 (w.e.f. 26-7-2018). 
5. Subs. by s. 9, ibid., for “clause (c) or clause (d)” (w.e.f. 26-7-2018). 
6. Subs. by Act 1 of 2014, s. 58 and the Sch., for “which may extend to three years” (w.e.f. 16-1-2014). 
7. Subs. by Act 16 of 2018, s. 10, for “sub-section (2) of section 13 or section 14”(w.e.f. 26-7-2018). 
8. Subs. by s. 10, ibid., for “clause (e)” (w.e.f. 26-7-2018). 

9 

 
                                                           
Provided that if a police officer not below the rank of an Inspector of Police is authorised by the State 
Government in this behalf by general or special order, he may also investigate any such offence without 
the order of a Metropolitan Magistrate or a Magistrate of the first class, as the case may be, or make arrest 
therefor without a warrant: 

Provided further that an offence referred to in  1[clause (b) of sub-section (1)] of section 13 shall not 

be investigated without the order of a police officer not below the rank of a Superintendent of Police. 

2[17A.  Enquiry  or  Inquiry  or  investigation  of  offences  relatable  to  recommendations  made  or 
decision taken by public servant in discharge of official functions or duties.—No police officer shall 
conduct  any  enquiry  or  inquiry  or  investigation  into  any  offence  alleged  to  have  been  committed  by  a 
public  servant  under  this  Act,  where  the  alleged  offence  is  relatable  to  any  recommendation  made  or 
decision taken by such public servant in discharge of his official functions or duties, without the previous 
approval— 

(a) in the case of a person who is or was employed, at the time when the offence was alleged to 

have been committed, in connection with the affairs of the Union, of that Government; 

(b) in the case of a person who is or was employed, at the time when the offence was alleged to 

have been committed, in connection with the affairs of a State, of that Government; 

(c) in the case of any other person, of the authority competent to remove him from his office, at 

the time when the offence was alleged to have been committed: 

Provided that no such approval shall be necessary for cases involving arrest of a person on the spot on 

the charge of accepting or attempting to accept any undue advantage for himself or for any other person: 

Provided  further  that  the  concerned  authority  shall  convey  its  decision  under  this  section  within  a 
period of three months, which may, for reasons to be recorded in writing by such authority, be extended 
by a further period of one month.] 

Union Territory of Jammu and Kashmir and Union Territory of Ladakh 

Insertion of section 17B.—After section 17A, insert the following section, namely:— 

STATE AMENDMENT 

17B.  Establishment  of  Anti-Corruption  Bureau  for  the  Union  territory  of  Jammu  and 
Kashmir.—(1)  Notwithstanding  anything  contained  in  this  Act,  the  Government  of  Union  territory  of 
Jammu and Kashmir shall, by notification in the Official Gazette, establish a Bureau for investigation of 
offences under this Act under the name of ‘Anti-Corruption Bureau’. 

(2) The Bureau shall consist of the Director and such other officers and staff subordinate to him as the 

Government of Union territory of Jammu and Kashmir may from time to time think fit to appoint. 

(3) The qualification of officers (other than the Director) shall be such as may be prescribed by the 

Government of Union territory of Jammu and Kashmir: 

Provided that till qualification of officers (other than the Director) is prescribed by the Government of 
Union Territory  of  Jammu  and  Kashmir,  the  rules  notified  by  the  Government  in  this regard  under  the 
Prevention of Corruption Act, Samvat, 2006 (now repealed) shall continue to govern the qualification of 
such officers. 

(4) The Director and the officers and staff subordinate to him shall hold office for such term and on 
such  conditions  as  the  Government  of  Union  Territory  of  Jammu  and  Kashmir  may  from  time  to  time 
determine. 

Explanation:—The  Anti-Corruption  Bureau  established  under  the  Prevention  of  Corruption  Act, 
Samvat, 2006 (now repealed) shall deemed to be Anti-Corruption Bureau established under the provisions 

1. Subs. by Act 16 of 2018, s. 11, for “clause (e) of sub-section (1)” (w.e.f. 26-7-2018). 
2. Ins. by s. 12, ibid. (w.e.f. 26-7-2018). 

10 

 
                                                           
of this Act, as if the same has been established under the provisions of this Act and any reference to the 
Anti-Corruption Bureau in any law, order, notification or rules in force in the Union Territory of Jammu 
and Kashmir shall be construed to mean the Anti-Corruption Bureau established under the provisions of 
this Act. 

Insertion of section 17C to 17G.—After section 17A, insert the following sections, namely:— 

17C.  Powers  of  attachment  of  property.—(1)  If  an  officer  (not  below  the  rank  of  Deputy 
Superintendent of Police) of the Anti-Corruption Bureau, investigating an offence committed under this 
Act, has reason to believe that any property in relation to which an investigation is being conducted has 
been  acquired  by  resorting  to  such  acts  of  omission  and  commission  which  constitute  an  offence  of 
‘criminal  misconduct’  as  defined  under  section  5,  he  shall,  with  the  prior  approval  in  writing  of  the 
Director  of  the  Anti-Corruption  Bureau,  make  an  order  seizing  such  property  and,  where  it  is  not 
practicable to seize such property, make an order of attachment directing that such property shall not be 
transferred or otherwise dealt with, except with the prior permission of the officer making such order or of 
the  Designated  Authority  to  be  notified  by  the  Government  of  Union  territory  of  Jammu  and  Kashmir 
before whom the properties seized or attached are produced and a copy of such order shall be served on 
the person concerned: 

Provided that the Investigating Officer may, at any stage of investigation after registration of F.I.R. in 
respect  of  any  case  under  the  Act  where  he  has  reason  to  believe  that  such  property  is  likely  to  be 
transferred or otherwise dealt with to defeat the prosecution of the case direct that such property shall not 
be transferred or dealt with for such period, not exceeding ninety days, as may be specified in the order 
except with the prior approval of the Designated Authority. 

Explanation.—For the purposes of this section, “attachment” shall include temporarily assuming the 

custody, possession and/or control of such property]. 

(2) The Investigating officer shall inform the Designated Authority, within forty eight hours, of the 
seizure or attachment of such property together with a report of the circumstances occasioning the seizure 
or attachment of such property, as the case may be. 

(3)  It  shall  be  open  to the Designated  Authority  before  whom  the  seized  or  attached  properties  are 

produced either to confirm or revoke the order of seizure or attachment so issued within [thirty days]: 

Provided  that  an  opportunity  of  being  heard  shall  be  afforded  to  the  Investigating  Officer  and  the 

person whose property is being attached or seized before making any order under this sub-section: 

Provided  further  that  till  disposal  of  the  case  the  Designated  Authority  shall  ensure  the  safety  and 

protection of such property. 

(4)  In  the  case  of  immovable  property  attached  by  the  Investigating  Officer,  it  shall  be  deemed  to 
have been produced before the Designated Authority, when the Investigating Officer notifies his report 
and places it at the disposal of the Designated Authority. 

(5)  Any  person  aggrieved  by  an  order  under  the  proviso  to  sub-section  (1)  may  apply  to  the 

Designated Authority for grant of permission to transfer or otherwise deal with such property. 

(6) The Designated Authority may either grant, or refuse to grant, the permission to the applicant. 

(7) The Designated Authority, acting under the provisions of this Act, shall have all the powers of a 

civil court required for making a full and fair enquiry into the matter before it. 

17D. Appeal against the order of Designated Authority.―(1) Any person aggrieved by an order 
made by the Designated Authority under sub-section (3) or sub-section (5) of section 17C may prefer an 
appeal, within one month from the date of receipt of the order, to the Special Judge and the Special Court 
may  either  confirm  the  order  of  attachment  of  property  or  seizure  so  made  or  revoke  such  order  and 
release the property or pass such order as it may deem just and proper within a period of sixty days. 

11 

 
(2)  Where  any  property  is  seized  or  attached  under  section  17C  and  the  Special  Court  is  satisfied 
about such seizure or attachment, it may order forfeiture of such property, whether or not the person from 
whose possession it is seized or attached is prosecuted in the Special Court for an offence under this Act. 

(3)  It  shall  be  competent  for  the  Special  Court  to  make  an  order  in  respect  of  property  seized  or 

attached,― 

(a) directing  it to  be  sold if  it is a  perishable property  and  the  provisions  of  section  459  of  the 
Code of Criminal Procedure, 1973 (2 of 1974) shall, as nearly as may be practicable, apply to the net 
proceeds of such sale; 

(b) nominating any officer of the Government, in the case of any other property, to perform the 
function of the Administrator of such property subject to such conditions as may be specified by the 
Special Court. 
17E. Issue of show-cause notice before forfeiture of the property.—No order under sub-section (2) 

of section 17D shall be made by the Special Court— 

(a)  unless  the  person  holding  or  in  possession  of  such  property  is  given  a  notice  in  writing 
informing  him  of  the  grounds  on  which  it  is  proposed  to  forfeit  such  property  and  such  person  is 
given  an  opportunity  of  making  a  representation  in  writing  within  such  reasonable  time  as  may  be 
specified in the notice against the grounds of forfeiture and is also given a reasonable opportunity of 
being heard in the matter; 

(b)  if  the  person  holding  or  in  possession  of  such  property  establishes  that  he  is  a  bona  fide 

transferee of such property for value without knowing that such property has been so acquired. 
17F. Appeal.—(1) Any person aggrieved by order of the Special Court under section 17D may within 

one month from the date of the receipt of such order, appeal to the High Court of Jammu and Kashmir. 

(2)  Where  any  order  under  section  17D  is  modified  or  annulled  by  the  High  Court  or  where  in  a 
prosecution  instituted  for  the  contravention  of  the  provisions  of  this  Act,  the  person  against  whom  an 
order of the special court has been made is acquitted, such property shall be returned to him and in either 
case if it is not possible for any reason to return the forfeited property, such person shall be paid the price 
therefor as if the property had been sold to the Government with reasonable interest calculated from the 
date of seizure of the property and such price shall be determined in the manner prescribed. 

17G. Order of forfeiture not to interfere with other punishments.—The order of forfeiture made 
under this Act by the Special Court, shall not prevent the infliction of any other punishment to which the 
person affected thereby is liable under this Act.] 

[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, notification 

No. S.O. 1123(E) dated (18-3-2020).] 

 18. Power to inspect bankers’ books.—If from information received or otherwise, a police officer 
has reason to suspect the commission of an offence which he is empowered to investigate under section 
17  and  considers  that  for  the  purpose  of  investigation   or  inquiry  into  such  offence,  it  is  necessary  to 
inspect any bankers’ books, then, notwithstanding anything contained in any law for   the time being in 
force, he may inspect any bankers’ books in so far as they relate to the accounts of the persons suspected 
to have  committed that offence or of any other person suspected to be holding money on behalf of such 
person,  and  take  or  cause  to  be  taken  certified  copies  of  the  relevant  entries  therefrom,  and  the  bank 
concerned shall be bound to assist the police officer in the exercise of his powers under this section: 

Provided that no power under this section in relation to the accounts of any person shall be exercised 
by a police officer below the rank of a Superintendent of Police, unless he is specially authorised in this 
behalf by a police officer of or above the rank of a Superintendent of Police. 

Explanation.—In this section, the expressions “bank” and “bankers’ books” shall have the meanings 

respectively assigned to them in the Bankers’ Books Evidence Act, 1891 (18 of 1891). 

12 

 
 
 
 
1[CHAPTER IVA 
ATTACHMENT AND FORFEITURE OF PROPERTY 

18A.  Provisions  of  Criminal  Law  Amendment  Ordinance,  1944  to  apply  to  attachment  under 

this  Act.—(1)  Save  as  otherwise  provided  under  the  Prevention  of  Money  Laundering  Act,  2002              
(15 of 2003), the provisions of the Criminal Law Amendment Ordinance, 1944 (Ord. 38 of 1944) shall, as 
far  as  may  be,  apply  to  the  attachment,  administration  of  attached  property  and  execution  of  order  of 
attachment or confiscation of money or property procured by means of an offence under this Act. 

(2)  For  the  purposes  of  this  Act,  the  provisions  of  the  Criminal  Law  Amendment  Ordinance,  1944 
(Ord. 38 of 1944) shall have effect, subject to the modification that the references to “District Judge” shall 
be construed as references to “Special Judge”.] 

CHAPTER V 

SANCTION FOR PROSECUTION AND OTHER MISCELLANEOUS PROVISIONS 

19. Previous sanction necessary for prosecution.—(1) No court shall take cognizance of an offence 
punishable under 2[sections 7, 11, 13 and 15] alleged to have been committed by a public servant, except 
with  the  previous  sanction 3[save  as  otherwise  provided  in  the  Lokpal  and  Lokayuktas  Act,  2013                 
(1 of 2014)]— 

(a)  in  the  case  of  a  person  4[who  is  employed,  or  as  the  case  may  be,  was  at  the  time  of 
commission of the alleged offence employed] in connection with the affairs of the Union and is not 
removable  from  his  office  save  by  or  with  the  sanction  of  the  Central  Government,  of  that 
Government; 

(b)  in  the  case  of  a  person  4[who  is  employed,  or  as  the  case  may  be,  was  at  the  time  of 
commission  of  the  alleged  offence  employed]  in  connection  with  the  affairs  of  a  State  and  is  not 
removable from his office save by or with the sanction of the State Government, of that Government; 

(c) in the case of any other person, of the authority competent to remove him from his office: 

5[Provided that no request can be made, by a person other than a police officer or an officer of an 
investigation agency or other law enforcement authority, to the appropriate Government or competent 
authority, as the case may be, for the previous sanction of such Government or authority for taking 
cognizance by the court of any of the offences specified in this sub-section, unless— 

(i)  such  person  has  filed  a  complaint  in  a  competent  court  about  the  alleged  offences  for 

which the public servant is sought to be prosecuted; and 

(ii)  the  court  has  not  dismissed  the  complaint  under  section  203  of  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974) and directed the complainant to obtain the sanction for prosecution 
against the public servant for further proceeding: 

Provided  further  that  in  the  case  of  request  from  the  person  other  than  a  police  officer  or  an 
officer of an investigation agency or other law enforcement authority, the appropriate Government or 
competent  authority  shall  not  accord  sanction  to  prosecute  a  public  servant  without  providing  an 
opportunity of being heard to the concerned public servant: 

Provided also that the appropriate Government or any competent authority shall, after the receipt 
of  the  proposal  requiring  sanction  for  prosecution  of  a  public  servant  under  this  sub-section, 

1. Ins. by Act 16 of 2018, s. 13 (w.e.f. 26-7-2018). 
2. Subs. by s. 14, ibid., for “sections 7, 10, 11, 13 and 15” (w.e.f. 26-7-2018). 
3. Ins. by Act 1 of 2014, s. 58 and the Schedule (w.e.f. 16-1-2014). 
4. Subs. by Act 16 of 2018, s. 14, for “who is employed” (w.e.f. 26-7-2018). 
5. Ins. by s. 14, ibid. (w.e.f. 26-7-2018). 

13 

 
                                                           
endeavour to convey the decision on such proposal within a period of three months from the date of 
its receipt: 

Provided  also  that  in  case  where,  for  the  purpose  of  grant  of  sanction  for  prosecution,  legal 
consultation is required, such period may, for the reasons to be recorded in writing, be extended by a 
further period of one month: 

Provided also that the Central Government may, for the purpose of sanction for prosecution of a 

public servant, prescribe such guidelines as it considers necessary.  

Explanation.—For the purposes of sub-section (1), the expression “public servant” includes such 

person— 

(a)  who  has  ceased  to  hold  the  office  during  which  the  offence  is  alleged  to  have  been 

committed; or 

(b)  who  has  ceased  to  hold  the  office  during  which  the  offence  is  alleged  to  have  been 
committed and is holding an office other than the office during which the offence is alleged to have 
been committed.] 

(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required 
under sub-section (1) should be given by the Central Government or the State Government or any other 
authority,  such  sanction  shall  be  given  by  that  Government  or  authority  which  would  have  been 
competent to remove the public servant from his office at the time when the offence was alleged to have 
been committed. 

(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),— 

(a) no finding, sentence or order passed by a special Judge shall be reversed or altered by a Court 
in  appeal,  confirmation  or  revision  on  the  ground  of  the  absence  of,  or  any  error,  omission  or 
irregularity in, the sanction required under sub-section (1), unless in the opinion of that court, a failure 
of justice has in fact been occasioned thereby; 

(b)  no  court  shall  stay  the  proceedings  under  this  Act  on  the  ground  of  any  error,  omission  or 
irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or 
irregularity has resulted in a failure of justice; 

(c)  no  court  shall  stay  the  proceedings  under  this  Act  on  any  other  ground  and  no  court  shall 
exercise  the  powers  of  revision  in  relation  to  any  interlocutory  order  passed  in  any  inquiry,  trial, 
appeal or other proceedings. 

(4) In determining under sub-section (3) whether the absence of, or any error, omission or irregularity 
in, such sanction has occasioned or resulted in a failure of justice the court shall have regard to the fact 
whether the objection could and should have been raised at any earlier stage in the proceedings. 

Explanation.—For the purposes of this section,— 

(a) error includes competency of the authority to grant sanction; 

(b) a sanction required for prosecution includes reference to any requirement that the prosecution 
shall  be  at  the  instance  of  a  specified  authority  or  with  the  sanction  of  a  specified  person  or  any 
requirement of a similar nature. 
1[20. Presumption where public servant accepts any undue advantage.—Where, in any trial of an 
offence punishable under section 7 or under section 11, it is proved that a public servant accused of an 
offence has accepted or obtained or attempted to obtain for himself, or for any other person, any undue 
advantage  from  any  person,  it  shall  be  presumed,  unless  the  contrary  is  proved,  that  he  accepted  or 
obtained  or  attempted  to  obtain  that  undue  advantage,  as  a  motive  or  reward  under  section  7  for 
performing or to cause performance of a public duty  improperly or dishonestly  either by himself or by 

1. Subs. by Act 16 of 2018, s. 15, for section 20 (w.e.f. 26-7-2018). 

14 

 
                                                           
another  public  servant  or,  as  the  case  may  be,  any  undue  advantage  without  consideration  or  for  a 
consideration which he knows to be inadequate under section 11.] 

21. Accused person to be a competent witness.—Any person charged with an offence punishable 
under this Act, shall be a competent witness for the defence and may give evidence on oath in disproof of 
the charges made against him or any person charged together with him at the same trial: 

Provided that— 

(a)  he shall not be called as a witness except at his own request; 

(b) his failure to give evidence shall not be made the subject of any comment by the prosecution 
or give rise to any presumption against himself or any person charged together with him at the same 
trial; 

(c) he shall not be asked, and if asked shall not be required to answer, any question tending to 
show that he has  committed or been convicted of any offence other than the offence with which he is 
charged, or is of bad character, unless— 

(i) the proof that he has committed or been convicted of such offence is admissible evidence 

to show that he is guilty of the offence with which he is charged, or 

(ii) he has personally or by his pleader asked any question of any witness for the prosecution 
with a view to establish his own good character, or has given evidence of his good character, or 
the  nature  or  conduct  of  the  defence  is  such  as  to  involve  imputations  on  the  character  of  the 
prosecutor or of any witness for the prosecution, or 

(iii) he has given evidence against any other person charged with the same offence. 

22.  The  Code  of  Criminal  Procedure,  1973  to  apply  subject  to  certain  modifications.—The 
provisions  of  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  shall  in  their  application  to  any 
proceeding in relation to an offence punishable under this Act have effect as if,— 

(a) in sub-section (1) of section 243, for the words “The accused shall then be called upon”, the 
words “The accused shall then be required to give in writing at once or within such time as the Court 
may allow, a list of  the persons (if any) whom he proposes to examine as his witnesses and of the 
documents  (if  any)  on  which  he  proposes  to  rely  and  he  shall  then  be  called  upon”  had  been 
substituted; 

(b)  in  sub-section  (2)  of  section  309,  after  the  third  proviso,  the  following  proviso  had  been 

inserted, namely:— 

“Provided also that the proceeding shall not be adjourned or postponed merely on the ground 

that an application under section 397 has been made by a party to the proceeding.”; 

(c) after sub-section (2) of section 317, the following sub-section had been inserted, namely:— 

“(3) Notwithstanding anything contained in sub-section (1) or sub-section (2), the Judge may, 
if he thinks fit and  for reasons to be recorded by him, proceed with inquiry or trial in the absence 
of the accused or his  pleader and record the evidence of any witness subject to the right of the 
accused to recall the witness for cross-examination.”; 

(d)  in  sub-section  (1)  of  section  397,  before  the Explanation, the  following  proviso  had  been 

inserted, namely :— 

“Provided that where the powers under this section are exercised by a Court on an application 
made  by  a  party  to  such  proceedings,  the  Court  shall  not  ordinarily  call  for  the  record  of  the 
proceedings:— 

(a) without giving the other party an opportunity of showing cause why the record should 

not be called  for; or 

(b)  if  it  is  satisfied  that  an  examination  of  the  record  of  the  proceedings  may  be  made 

from the certified copies.”. 

15 

 
23. Particulars in a charge in relation to an offence under  1[section 13(1)(a)].—Notwithstanding 
anything  contained  in  the  Code  of  Criminal  Procedure,  1973  (2  of  1974),  when  an  accused  is  charged 
with an offence under 2[clause (a)] of sub-section (1) of section 13, it shall be sufficient to describe in the 
charge  the  property  in  respect  of  which  the  offence  is  alleged  to  have  been  committed  and  the  dates 
between which the offence is alleged to have been committed, without specifying particular items or exact 
dates,  and  the  charge  so  framed  shall  be  deemed  to  be  a  charge  of  one  offence  within  the  meaning  of 
section 219 of the said Code: 

Provided that the time included between the first and last of such dates shall not exceed one year. 

[24.  Statement  by  bribe  giver  not  to  subject  him  to  prosecution.]  Omitted  by  the  Prevention  of 

Corruption (Amendment) Act, 2018 (16 of 2018), s. 17 (w.e.f. 26-7-2018). 

 25. Military, Naval and Air Force or other law not to be affected.—(1) Nothing in this Act shall 
affect the jurisdiction exercisable by, or the procedure applicable to, any court or other authority under the 
Army Act, 1950 (45 of 1950), the Air Force Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957), the 
Border Security Force Act, 1968 (47 of 1968), the Coast Guard Act, 1978 (30 of 1978) and the National 
Security Guard Act, 1986 (47 of 1986). 

(2) For the removal of doubts, it is hereby declared that for the purposes of any such law as is referred 
to  in  sub-section  (1),  the  court  of  a  special  Judge  shall  be  deemed  to  be  a  court  of  ordinary  criminal 
justice. 

26.  Special  Judges  appointed  under  Act  46  of  1952  to  be  special  Judges  appointed  under  this 
Act.—Every  special  Judge  appointed  under  the  Criminal  Law  Amendment  Act,  1952,  for  any  area  or 
areas  and  is  holding  office  on  the  commencement  of  this  Act  shall  be  deemed  to  be  a  special  Judge 
appointed  under  section  3  of  this  Act  for  that  area  or  areas  and,  accordingly,  on  and  from  such 
commencement, every such Judge shall continue to deal with all the proceedings pending before him on 
such commencement in accordance with the provisions of this Act. 

27. Appeal and revision.—Subject to the provisions of this Act, the High Court may exercise, so far 
as  they  may  be  applicable,  all  the  powers  of  appeal  and  revision  conferred  by  the  Code  of  Criminal 
Procedure, 1973 (2 of 1974) on a High Court as if the court of the special Judge were a court of Session 
trying cases within the local limits of the High Court. 

28. Act to be in addition to any other law.—The provisions of this Act shall be in addition to, and 
not in derogation of, any other law for the time being in force, and nothing contained herein shall exempt 
any public servant from any proceeding which might, apart from this Act, be instituted against him. 

29.  Amendment  of  the  Ordinance  38  of  1944.—In  the  Criminal  Law  Amendment  Ordinance, 

1944,— 

(a)  in  sub-section  (1)  of  section  3,  sub-section  (1)  of  section  9,  clause  (a)  of  section  10,  
sub-section  (1)  of  section 11  and  sub-section (1)  of section  13,  for  the  words  “State  Government”, 
wherever they occur, the words “State Government or, as the case may be, the Central Government” 
shall be substituted; 

(b)   in  section  10,  in  clause  (a),  for  the  words  “three  months”,  the  words  “one  year”  shall  be 

substituted; 

(c)  in the Schedule,— 

(i) paragraph 1 shall be omitted; 

(ii) in paragraphs 2 and 4,— 

(a) after the words “a local authority”, the words and figures “or a corporation established 
by or under a Central, Provincial or State Act, or an authority or a body owned or controlled 
or  aided  by  Government  or  a  Government  company  as  defined  in  section  617  of  the 

1. Subs. by Act 16 of 2018, s. 16, for “section 13(1) (c)” (w.e.f. 26-7-2018). 
2. Subs. by s. 16, ibid., for “clause (c)”(w.e.f. 26-7-2018). 

16 

 
                                                           
Companies Act, 1956 (1 of 1956) or a society aided by such corporation, authority, body or 
Government company” shall be inserted; 

(b)  after  the  words  “or  authority”,  the  words  “or  corporation  or  body  or  Government 

company or society” shall be inserted; 

(iii) for paragraph 4A, the following paragraph shall be substituted, namely:— 

“4A.An offence punishable under the Prevention of Corruption Act, 1988.”; 

(iv) in paragraph 5, for the words and figures “items 2, 3 and 4”, the words, figures and letter 

“items 2, 3, 4  and 4A” shall be substituted. 

1[29A.  Power  to  make  rules.—(1)  The  Central  Government  may,  by  notification  in  the  Official 

Gazette, make rules for carrying out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) guidelines which can be put in place by commercial organisation under section 9; 

(b) guidelines for sanction of prosecution under sub-section (1) of section 19; 

(c) any other matter which is required to be, or may be, prescribed. 

(3) Every rule made under this Act, shall be laid, as soon as may be after it is made, before each House 
of  Parliament,  while  it  is  in  session,  for  a  total  period  of  thirty  days  which  may  be  comprised  in  one 
session  or  in  two  or  more  successive  sessions,  and  if,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule, or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule.] 

30. Repeal and saving.—(1) The Prevention of Corruption Act, 1947 (2 of 1947) and the Criminal 

Law Amendment Act, 1952 (46 of 1952) are hereby repealed. 

(2) Notwithstanding such repeal, but without prejudice to the application of section 6 of the General 
Clauses  Act,  1897  (10  of  1897),  anything  done  or  any  action  taken  or  purported  to  have  been  done  or 
taken  under  or  in  pursuance  of  the  Acts  so  repealed  shall,  in  so  far  as  it  is  not  inconsistent  with  the 
provisions of this Act, be deemed to have been done or taken under or in pursuance of the corresponding 
provision of this Act. 

31.  [Omission  of  certain  sections  of  Act  45  of  1860.]—Rep.  by  the  Repealing  and  Amending  

Act, 2001(30 of 2001), s.2 and the First Schedule (w.e.f. 3-9-2001). 

1. Ins. by Act 16 of 2018, s. 18 (w.e.f. 26-7-2018). 

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